Wayne McDonald v. Bruce Bissell Buick Pontiac Limited, 2010 HRTO 2136

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wayne McDonald Applicant

-and-

Bruce Bissell Buick Pontiac Limited Respondent

DECISION

Adjudicator: Kathleen Martin Date: October 22, 2010 Citation: 2010 HRTO 2136 Indexed as: McDonald v. Bruce Bissell Buick Pontiac

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 11, 2009.

2The respondent filed a Response on April 8, 2010 and a Request for Order during proceeding on May 20, 2009 seeking, among other things, that the Application be dismissed on the basis that the respondent had filed for bankruptcy and did not have unencumbered assets.

3By Interim Decision 2009 HRTO 984 issued on July 7, 2009, the Tribunal found that these proceedings were stayed pursuant to s. 69 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (“BIA”), and directed the applicant to advise the Tribunal within 30 days whether he intended to bring a motion to the Superior Court to lift that stay or take other steps to enable his Application to proceed. The Tribunal went on to indicate that a failure to respond may result in the Application being dismissed as abandoned.

4On August 6, 2009, counsel for the applicant wrote to the Tribunal advising that the applicant did not intend to take any steps with respect to the bankruptcy but asking that the Application be stayed pursuant to the BIA.

5The Registrar wrote to confirm that the Application was stayed for a period of one year from the date of the Interim Decision. The Registrar’s letter went on to advise that if no party communicates with the Tribunal by July 7, 2010 that the BIA stay was lifted or the Application can otherwise proceed, the Application might be dismissed as abandoned.

6To date, neither the applicant nor the respondent has communicated with the Tribunal.

7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.